Allied Blenders And Distilleries Pvt Ltd, Aurangabad v. Aurangabad Municipal Corporation, Aurangabad And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3632 OF 2015 Allied Blenders & Distilleries Pvt Ltd Petitioner

Versus

Aurangabad Municipal Corporation, Aurangabad and others Respondents Mr.S.V. Adwant advocate for the petitioner Mr.A.M. Karad advocate for Respondent No.1 ___________ CORAM : R.M. BORDE & V.K. JADHAV, JJ Dated : 7th April, 2015.

PER COURT :- This Court has already issued directions to the Municipal Corporation to consider the representation tendered by the petitioner in respect of exemption from payment of local body tax. The petitioner, in the instant petition, relying upon Rule 28(6) of the Bombay Provincial Municipal Corporations (local body ) Rules, 2010, contends that, the registered dealer who is exporting the goods outside the territory of India, shall be exempt from the levy of the local body tax, in respect of the value of the goods, used for the purpose of such export. Very contentions have been raised by the petitioner in the representation, which is pending for consideration before the authorities. This Court has already issued

{2} wp 3632.15.odt directions to the concerned authorities, to deal with the representation and pass appropriate orders. In this view of the mater, the grievance raised by the petitioner in the instant petition does not deserve consideration.

Learned counsel appearing for the Municipal Corporation informs, on instructions that, the petitioner would be heard in the matter by the appropriate authority on 28.4.2015 and the orders are expected to be passed within a period of two weeks from the date prescribed in the matter. It is expected of Municipal Corporation, not to take any coercive action against the petitioner in the mean while.

In view of the above, writ petition stands disposed of. Needless to mention that, all the issues raised by the petitioner in the petition, in the representation and those that would be canvassed before the authority shall be dealt with by the concerned authority while deciding the representation. (V.K. JADHAV, J) (R.M.BORDE, J) vbd